Former RI Governor Carcieri was deposed Thursday as part of 38 Studios lawsuit

"The whole morning was complete waste of time," said Max Wistow, representing the former R.I. Economic Development Corporation. Wistow, of Barylick Sheehan & Loveley PC, is leading the state's effort to recoup any lost taxpayer money.

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Posted Aug. 1, 2014 @ 11:08 am

PROVIDENCE, R.I. -- Former Governor Donald L. Carcieri was deposed Thursday as part of the state's 38 Studios lawsuit, according to lawyers for the state and one of the defendants in the case.

"The whole morning was complete waste of time," said Max Wistow, representing the former R.I. Economic Development Corporation. Wistow, of Barylick Sheehan & Loveley PC, is leading the state's effort to recoup any lost taxpayer money.

Wistow, who represents the former governor, said he was upset with the amount of time defense lawyers took on Thursday to depose Carcieri.

The former governor, 71, grew tired by 4:30 p.m., when the session was ended, according to Gerald Petros, a lawyer for defendant First Southwest Company, whose employees were involved in crafting the loan deal for 38 Studios, and who already have been deposed.

Carcieri served as chairman of the Economic Development Corporation’s board at the time the 38 Studios deal was struck. What he and the other board members knew about the videogame company’s strained finances prior to their vote is a central issue in the lawsuit.

The agency — now known as the R.I. Commerce Corporation — seeks money to help cover the costs of the $75-million bond sale that raised money for 38 Studios’ operation in Rhode Island.

The EDC filed the lawsuit against company founder Curt Schilling, three other 38 Studios executives and 10 other people or entities seeking money to pay $89 million due the investors who bought bonds to fund 38 Studios move to Rhode Island. The company folded in June 2012, just months after releasing its first videogame — “Kingdoms of Amalur: Reckoning.”

Not named in the lawsuit are key politicians who supported the state's loan-guarantee program, House Speaker Gordon D. Fox and Carcieri.

Carcieri and Fox, as elected officials at the time, are immune from a lawsuit.

Superior Court Judge Michael A. Silverstein Thursday granted a minor extension to the Aug. 15 deadline to have all of the depositions in the case completed. The defense sought another month, but the judge decided to extend the period to Aug. 31.

-- with reports from W. Zachary Malinowski and Journal archives

-- An earlier version of this story did not make it clear that Wistow represents Carcieri and was upset about the way defense lawyers questioned the former governor.